Category Archives: Uncategorized

7th Circuit affirms rare right of publicity loss based on ad

Posted on July 11, 2016 by rtushnet

Martin v. Living Essentials, LLC, No. 16-1370, — Fed.Appx. —- (7th Cir. Jun. 30, 2016) The Seventh Circuit knocked this affirmance out quickly—here’s my discussion of the Jan. 2016 district court decision. Guinness World Records lists Johannes “Ted” Martin as … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Update: that’s not actually the latest in B&B!

Posted on July 8, 2016 by rtushnet

My mistake. The latest is that after the ruling I just wrote about, there was a jury trial, which produced findings that (1) Hargis infringed the federally registered mark, (2) there were no damages/profits awardable from the infringement and the … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Guess what the latest development in B&B v. Hargis is?

Posted on July 8, 2016 by rtushnet

B&B Hardware, Inc. v. Hargis Industries, Inc., No. 06CV01654, 2016 WL 3615833 (E.D. Ark. May 16, 2016) So, despite all the commotion surrounding this case, B&B forgot to renew its registration, which was duly cancelled.  A cautionary story for clients!  … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

It depends on what the meaning of “is” is: Section 15 declarations and pending challenges

Posted on July 7, 2016 by rtushnet

It turns out that Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2016 WL 3034150,  No. 11–1623 (D.D.C. May 27, 2016), is even more of a hairball than I realized.  The thorny legal and factual issues as … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Stunning scope of color TM leads court to cabin registrations

Posted on July 5, 2016 by rtushnet

Cedar Valley Exteriors, Inc. v. Professional Exteriors, Inc., No. 13-CV-2537 (D. Minn. Jun. 29, 2016) See DuetsBlog’s 2012 entry on what appears to be a related case, in which the plaintiff roofing/repair company sued a different competitor for using orange … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Trademark question of the day, zoo edition

Posted on July 5, 2016 by rtushnet

Spotted by an eagle-eyed correspondent (no pun intended) at the New Orleans zoo: Straight Outta Audubon Zoo Just Voodoo It from Blogger http://ift.tt/29KZlwL

Posted in Uncategorized | Tagged , | Leave a comment

TM/false advertising interface: “same formulation” statement w/o more infringes

Posted on June 30, 2016 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2016 WL 3466033 (D. Md. Jun. 20, 2016) This case sends us deep into the weeds of the distinctions between trademark and false advertising, and approves rather onerous requirements for apparently truthful … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Copyright/TM question of the day, politics edition

Posted on June 28, 2016 by rtushnet

Analyze the linked Buzzfeed public service announcement about registration (warning: link will likely autoplay). from Blogger http://ift.tt/298KRKR

Posted in Uncategorized | Tagged , , | Leave a comment

Judge McKeown on copyright, and responses (including mine)

Posted on June 28, 2016 by rtushnet

Hon. M. Margaret McKeown,  Censorship in the Guise of Authorship: Harmonizing Copyright and the First Amendment, 15 Chi.-Kent J. Intell. Prop. 1 (2016) Margaret Chon, Copyright’s Other Functions, 15 Chi.-Kent J. Intell. Prop. 364 Edward Lee, Suspect Assertions of Copyright, … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage

Posted on June 27, 2016 by rtushnet

Woodard v. Labrada, 2016 WL 3436434, No. 16-00189 (C.D. Cal. May 12, 2016) Woodard brought a putative class action alleging that various defendants (Media Defendants) misrepresented the weight loss benefits of weight loss supplement products made by the Manufacturing Defendants. … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment